Proposal for a Council Decision concerning the approval of an Agreement between the European Community and the United Mexican States on the mutual recognition and protection of designations for spirit drinks
Date: 1997-05-05
Institutions: European Commission
Subjects: Mexico, alcoholic beverage, mutual recognition principle, product designation, trade agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  05.05.1997 
COM(97) 189  final 

97/ 0130 (ACC) 

Proposal  for a 

COUNCIL DFrTSTON 

concerning  the  approval  of  an Agreement  between  the  European  Community  and  the 
United  Mexican  States  on  the  mutual  recognition  and  protection  of  designations  for  spirit 
drinks 

(presented by the  Commission) 

EXPLANATORY MEMORANDUM 

1.  The United  Mexican  States have expressed  interest  in negotiating  recognition  by the 
European Union of the Mexican spirit drinks 'Tequila' and. 'Mezcal', on the basis of the 
reciprocal  arrangements  in Article  11 of Regulation  (EEC) No  1576/89  laying  down 
general rules on the definition,  description and presentation of spirit drinks. 

2.  The Council, on 22 April  1996, authorized the Commission to open negotiations with 
a view to the conclusion of an Agreement between the European Community  and the 
United Mexican States on the mutual recognition and protection of designations for spirit 
drinks. 

3.  The negotiations between the two parties culminated in a draft Agreement covering the 

mutual recognition  of: 

all the products listed in Annex II to Regulation (EEC) No  1576/89 as well as the 
six designations protected by the same Regulation, and 
the two Mexican designations  'Tequila'  and  'Mezcal'. 

4.  The  Commission  considers  that  the  attached  draft  Agreement  covering  the  mutual 
recognition and protection of all Community products as against two Mexican products 
recognized  in Mexico's national legislation represents a more than fair result under the 
terms laid down in Article  11 of Regulation (EEC) No 1576/89. 

The Agreement provides for further enhancement of Community exports of spirit drinks 
to Mexico, which currently account for 2% of total Community exports of spirit drinks 
but which exceed almost sixfold  Community imports of spirit drinks from  Mexico. 

5.  The Agreement has no financial  impact on the Community budget. 

6.  The  persons  or  groups  of  persons  concerned  are  Community  producers,  consumers, 

importers and exporters of spirit drinks. 

7. 

It is accordingly  proposed to the Council adopt the attached proposal. 

COUNCIL  DECISION 

of 

concerning  the  approval  of  an Agreement  between  the  European  Community  and  the 
United  Mexican  States  on the  mutual  recognition  and  protection  of  designations  for  spirit 
drinks 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  113 thereof,  in relation  to  Article  228 paragraph  2 first  phrase 

Having  regard  to  the  proposal  from  the  Commission, 

Whereas  it  is appropriate  to  improve the conditions for  the marketing  of  spirit drinks  on the 
respective market of the European Community and the United Mexican  States, in accordance 
with  the  principles  of  equality,  mutual  benefit  and  reciprocity, 

HAS  DECIDED  AS  FOLLOWS: 

Article 1 

The  Agreement  between  the  European  Community  and  the  United  Mexican  States  on  the 
mutual  recognition  and  protection  of  designations  'for  spirit  drinks  is  hereby  approved  on 
behalf  of  the  European  Community. 

The  text  of  the  Agreement  is  attached  to this  Decision. 

Article 2 

The President  of the  Council  shall make the notification  provided  for  in Article 22  § 1 of  the 
Agreement. 

Article  3 

For  the  purposes  of  Article  18  of  the  Agreement,  the  Commission  is  hereby  authorized  to 
conclude  the  necessary  acts amending  the Agreement,  in accordance  with the procedure  laid 
down  in  Article  15 of  Regulation  (EEC) No  1576/89. 

3 

Article 4 

The Commission,  assisted  by the representatives  of the Member  States, shall  represent  the 
Community  in the Joint Committee referred  to in Article  17 of the Agreement. 

Article 5 

This Decision shall be published  in the Official  Journal of the European Communities. 

Done at Brussels, 

For the Council, 
The President 

AGREEMENT 
between  the  European  Community  and  the United  Mexican  States  on the  mutual 
recognition  and  protection  of  designations  for  spirit  drinks 

The  EUROPEAN  COMMUNITY,  hereinafter  called  "the  Community", 
of  the  one  part,  and 
The  UNITED  MEXICAN  STATES^ hereinafter  called  "Mexico" 
of  the  other  part, 

hereinafter  called  "the  Contracting  Parties", 

DESIROUS of improving the conditions for the marketing of spirit drinks on their  respective 
markets,  in  accordance  with  the  principles  of  equality,  mutual  benefit  and  reciprocity. 

HAVE  AGREED  AS  FOLLOWS: 

Article 1 

The Contracting Parties agree, on the basis of non-discrimination and reciprocity, to  facilitate 
and  promote  trade  between  them  in  spirit drinks. 

Article  2 

This  Agreement  shall  apply  to  products  falling  within  code  2208  of  the  International 
Convention  on  the  Harmonized  Commodity  Description  and  Coding  System. 

For  the  purposes  of  this  Agreement, 

(a) 

(b) 

(c) 

"spirit  drink  originating  in"  shall  mean,  when  followed  by  the  name  of  one  of  the 
Contracting  Parties, a spirit  drink  listed in the Annex  and made on the territory  of  that 
Contracting  Party, 

"description"  shall  mean  the  names  used  on  the  labelling,  on  the  documents 
accompanying  the  transport  of  the  spirit  drinks,  on  the  commercial  documents, 
particularly  the  invoices  and  delivery  notices, and  in  advertising, 

"labelling"  shall mean  all  the descriptions and other  references,  signs, designs  or  trade 
marks  which  distinguish  the  spirit  drinks  and  which  appear  on  the  same  container, 
including  the  sealing  device  or  the  tag  attached  to  the  container  and  the  sheathing 
covering  the  neck  of the  bottles, 

(d) 

"presentation"  shall  mean  the  names  used  on  the  containers,  including  the  closure,  on 
the  labelling  and  on  the  packaging, 

s~ 

(e) 

"packaging" shall mean the protective wrappings such as papers, straw envelopes of all 
kinds, cartons  and  cases, used  in the transport  of  one or  more  containers. 

The  following  designations  are  protected: 

Article 3 

(a) 

as regards  spirit drinks originating  in the European  Community, the designations  listed 
in  Annex  I, 

(b)  as regards  spirit  drinks  originating  in Mexico, the  designations  listed  in Annex  II, 

1. 

In  Mexico,  the protected  Community  names: 

Article  4 

may  not  be  used  otherwise  than  under  the  conditions  laid  down  in  the  laws  and 
regulations  of  the  Community,  and 

are reserved exclusively to the spirits originating in the Community to which they apply. 

2. 

In  the  Community,  the  protected  Mexican names: 

may  not  be  used  otherwise  than  under  the  conditions  laid  down  in  the  laws  and 
regulations  of  Mexico,  and 

are  reserved  exclusively  to the  spirits originating  in Mexico  to  which they  apply. 

3.  Without prejudice  to Articles 22 and 23 of the Agreement on Trade-Related Aspects of 
Intellectual  Property  Rights  set  out  in  Annex  IC  of  the  Agreement  establishing  the 
World Trade Organization, the Contracting Parties shall take all the necessary measures, 
in accordance with this Agreement, to ensure reciprocal protection of the names  referred 
to  in  Article  3  and  used  to  designate  spirit  drinks  originating  in  the  territory  of  the 
Contracting Parties. Each Contracting Party shall provide the interested parties with the 
legal  means  of  preventing  the  uses  of  designations  to  designate  spirit  drinks  not 
originating  in the  place  indicated  by the designation  in  question. 

4. 

The Contracting  Parties shall not deny the protection provided  for  by this Article in the 
circumstances  specified  in paragraphs  4,  5, 6 and  7 of  Article  24 of the  Agreement  on 
Trade-Related  Aspects  of  Intellectual  Property  Rights". 

c 

Article  5 

The protection  afforded  by Article  4 shall also apply  even where the true  origin of the  spirit 
drink  is indicated  or the  designation  is used  in translation  or  accompanied  by  terms  such  as 
"kind",  "type",  "style", "way",  "imitation",  "method"  or  the  like,  including  graphic  symbols 
which  may  lead  to  confusion. 

Article 6 

In the case of homonymous designations for spirit drinks, protection shall be accorded to each 
designation.  The Contracting Parties  shall lay down the practical  conditions under  which the 
homonymous  designations  in question will be differentiated,  taking  into  account the  need  to 
treat  the  producers  concerned  fairly  and to  avoid  misleading  the  consumer. 

Article  7 

The  provisions  of  this  Agreement  shall  in no  way  prejudice  the  right  of  any  person  to  use, 
in the course of trade, their name or the name of their predecessor in a business, except where 
such  name  is used  in  such a manner  as to mislead  consumers. 

Article 8 

Nothing  in  this  Agreement  shall  oblige  a  Contracting  Party  to  protect  a  designation  of  the 
other  Contracting  Party  which  is  not  or  ceases  to  be  protected  in  its  country  of  origin  or 
which  has  fallen  into  disuse in that  country. 

Article  9 

The Contracting Parties shall take all measures necessaiy to ensure that, in cases where  spirit 
drinks  originating  in  the  Contracting  Parties  are  exported  and  marketed  outside  their 
territories, the protected names of one Contracting Party  referred  to in this Agreement are not 
used  to  designate  and  present  spirit  drinks  originating  In the  other  Contracting  Party. 

Article  10 

To the extent that the relevant legislation of the Contracting Parties allows, the benefit  of the 
protection  given  by  this  Agreement  shall  be  extended  to  natural  and  legal  persons  and  to 
federations,  associations  and  organizations  of  producers,  traders  or  consumers  whose 
headquarters  are  in the  other  Contracting  Party. 

T 

Article  11 

If the description  or  presentation  of  a spirit drink,  particularly  on the  label  or  in the  official 
or  commercial  documents  or  in  advertising,  is in breach  of this Agreement,  the  Contracting 
Parties shall apply administrative measures or initiate legal proceedings as appropriate in order 
to  combat  unfair  competition  or  prevent  any  other  form  of  wrongful  use  of  the  protected 
name. 

Article  12 

This  Agreement  shall  apply,  on  the  one  hand,  to  the  territories  in  which  the  Treaty 
establishing  the  European  Community  is applied  and under  the conditions  laid  down  in  that 
Treaty  and,  on the  other  hand,  to  the  territory  of the United  Mexican  States. 

This  Agreement  shall  not  apply  to  spirit drinks: 

Article  13 

(a) 

that  are  in transit  through  the  territory  of  one  of the  Contracting  Parties; or 

(b) 

that originate  in the territory  of one of the Contracting Parties and which are  consigned 
in  small  quantities  between  those Parties. 

The  following  shall  be  considered  to  be  small  quantities: 

(a)  Quantities  of  spirit  drinks  not  exceeding  10  litres  per  traveller  contained  in 

travellers' personal  baggage; 

(b)  Quantities  of  spirit  drinks  not  exceeding  10 litres  forming  part  of  consignments 

from  one  individual  to  another; 

(c)  Spirit  drinks  forming  part  of the household  effects  of  individuals  moving  house; 
(d)  Up to  1 hectolitre  of spirit drinks imported for  conducting  scientific  and technical 

experiments; 

(e)  Spirit  drinks  imported  as part of the duty-free  allowances of diplomatic  missions, 

(f) 

consular  posts  and  assimilated  bodies; 
Spirit drinks which form  part of the supplies carried  on board  international  means 
of  transport. 

Article  14 

1. 

2. 

The  Contracting  Parties  shall  each  designate  the  bodies  to  be  responsible  for  the 
enforcement  of  this  Agreement. 

The  Contracting  Parties  shall  inform  one  another  of  the  names  and  addresses  of  those 
bodies not later than two months after  this Agreement  comes into force.  There shall be 
close  and  direct  cooperation  between  those bodies. 

t 

Article  15 

1. 

If one of the bodies designated in accordance with Article  14 has reason to suspect that: 

(a) 

a spirit drink as defined  in Article  2, being or having been traded between Mexico 
and  the  European  Community,  does  not  comply  with  this  Agreement  or 
Community  or  Mexican  legislation  applicable  to  spirit drinks,  and 

(b) 

this  non-compliance  is  of  particular  interest  to  the  other  Contracting  Party  and 
could  result  in administrative  measures  or  legal  proceedings  being  taken, 

that body  shall immediately  inform  the Commission and the relevant body or bodies of 
the  other  Contracting  Party. 

2. 

The  information  to  be  provided  in accordance  with  paragraph  1 shall  be  accompanied 
by  official,  commercial  or  other  appropriate  documents;  there  should  also  be  an 
indication  of  what  administrative  measures  or  legal  proceedings  may,  if  necessary,  be 
taken.  The  information  shall  include,  in  particular.,  the  following  details  of  the  spirit 
drink  concerned: 

(a) 

the  producer  and  the  person  who  has power  of  disposal  over  the  spirit  drink; 

(b) 

the  composition  of  that  drink; 

(c) 

the  description  and  presentation,  and 

(d) 

details of the non-compliance with the rules concerning production and marketing. 

Article  16 

1. 

2. 

3. 

4. 

The  Contracting  Parties  shall  enter  into consultations  if  one of them  considers that  the 
other  has  failed  to  fulfil  an  obligation  under  this  Agreement. 

The  Contracting  Party  which  requests  the  consultations  shall  provide  the  other  Party 
with  all  the  information  necessary  for  a detailed  examination  of  the  case  in  question. 

In  cases  where  any  delay  could  endanger  human  health  or  impair  the  effectiveness  of 
measures  to  control  fraud,  interim  protective  measures  may  be  taken,  without  prior 
consultation,  provided  that  consultations  are held  immediately  after  the taking  of  these 
measures. 

If,  following  the  consultations  provided  for  in  paragraphs  1  and  3,  the  Contracting 
Parties have not reached agreement, the Party which requested the consultations or took 
the measures referred  to in paragraph  3 may take appropriate protective  measures  so as 
to  permit  the proper  application  of this  Agreement. 

9 

Article  17 

A  Joint  Committee  shall  be  established,  consisting  of  representatives  of  the  European 
Community  and  of  Mexico.  It  shall  meet  at  the  Parties'  request  and  as  required  for  the 
implementation  of  the Agreement  alternately  in the European  Community  and  Mexico. 

The Joint Committee shall see to the proper functioning  of this Agreement  and shall examine 
all  questions  which  may  arise  in  implementing  it.  In  particular,  the  Joint  Committee  may 
make  recommendations  which  would  contribute  to  the  attainment  of  the  objectives  of  this 
Agreement. 

Article  18 

1. 

The  Contracting  Parties  may  by  mutual  consent  amend  this  Agreement  in  order  to 
enhance  the  level  of  cooperation  in the  spirit  drinks  sector. 

2.  Where  the  legislation  of  one  of  the  Contracting  Parties  is  amended  to  protect 
designations other than those listed in the Annexes to this Agreement, these designations 
shall  be  included  within  a  reasonable  length  of  time  following  conclusion  of  the 
consultations. 

Article  19 

1. 

2. 

Spirit drinks which, at the time of entry  into force  of this Agreement,  have been  legally 
produced,  designated  and  presented  in a manner  prohibited  by this  Agreement  may  be 
marketed  by  wholesalers  for  a  period  of  one  year  from  the  entry  into  force  of  the 
Agreement  and  by retailers until  stocks are exhausted.  From the  entry  into  force  of  the 
Agreement  spirit drinks  included  therein  may  no longer  be produced  outside  the  limits 
of  their  regions  of  origin. 

Spirit  drinks  produced,  designated  and  presented  in  accordance  with  this  Agreement 
when  they  are  marketed  and  whose  description  and  presentation  ceases  to  conform  to 
the  Agreement  following  an  amendment  thereto  may  be  marketed  until  stocks  are 
exhausted  unless  otherwise  agreed  by the  Contracting  Parties. 

Article  20 

The  Annexes  to  this  Agreement  shall  form  an  integral  part  thereof. 

Article  21 

This  Agreement  is  drawn  up  in  duplicate  in  the  Danish,  Dutch,  English,  Finnish,  French, 
German, Greek, Italian, Portuguese, Spanish and Swedish languages, all these languages being 
equally  authentic. 

/O 

Article  22 

This  Agreement  shall enter  into  force  on the  first  day  of the  second month  after  the  date on 
which  the  Contracting  Parties  have  notified  each  other  in  writing  that  their  respective 
requirements  for  the  entry  into  force  of this  Agreement  have  been  complied  with. 

Either  Contracting Party  may terminate the Agreement  by giving one year's written  notice to 
the  other  Contracting  Party. 

// 

1.  Rum 

a) Whisky 

b) Whiskey 

Grain spirit 

4.  Wine spirit 

ANNEX 

i 

Rhum de la Martinique 
Rhum de la Guadeloupe 
Rhum de la Réunion 
Rhum de la Guyane 
(These designations may also be supplemented by the expression 
"traditional".) 
Ron de Malaga 
Ron de Granada 
Rum da Madeira 

Scotch Whisky 
Irish Whisky 
Whisky espaflol 
(These designations may also be supplemented by the expressions "malt" 
or "grain".) 
Irish Whiskey 
Uisce Beatha Eireannach/Irish Whiskey 
(These designations may also be supplemented by the expression  "Pot 
Still".) 
Eau-de-vie de seigle de marque nationale  luxembourgeoise 
Korn 
Kornbrand 

Eau-de-vie de Cognac 
Eau-de-vie des Charentes 
Cognac 
following 
expressions: 

Fine, 

- Grande Fine Champagne, 

Grande Champagne, 
- Petite Fine Champagne, 
- Fine Champagne, 
- Borderies, 
- Fins Bois, 
- Bons Bois.) 
Fine Bordeaux 
Armagnac 
Bas-Armagnac 
Haut-Armagnac 
Ténarèse 
Eau-de-vie de vin de la Marne 
Eau-de-vie de vin originaire d'Aquitaine 
Eau-de-vie de vin de Bourgogne 
Eau-de-vie de vin originaire du Centre-Est 
Eau-de-vie de vin originaire de Franche-Comté 

/& 

4.  Wine spirit 
(cont'd) 

5.  Brandy 

6.  Grape marc spirit 

Eau-de-vie de vin originaire du Bugey 
Eau-de-vie de vin de Savoie: 
Eau-de-vie de vin originaire des Coteaux de la Loire 
Eau-de-vie de vin des Côtes -du-Rhône 
Eau-de-vie de vin originaire! de Provence 
Faugères ou eau-de-vie de Faugères 
Eau-de-vie de vin originaire du Languedoc 
Agiiardente do Minho 
Aguardente do Douro 
Aguardente da Beira Interior 
Aguardente da Bairrada 
Aguardente do Oeste 
Aguardente do Ribatejo 
Aguardente do Alentejo 
Aguardente do Algarve 

Brandy de Jerez 
Brandy del Penedés 
Brandy italiano 
Brandy  Ax xîKrï ç /Brandy d'Attique 
Brandy  neÀonovvnoou  /Brandy du Péloponèse 
Brandy  KevxpiKnç  EÀAd5aç/Brandy de Grèce centrale 
Deutscher Weinbrand 
Wachauer Weinbrand, Weinbrand Diirnstein 

Eau-de-vie de marc de Champagne ou marc de Champagne 
Eau-de-vie de marc originaire d'Aquitaine 
Eau-de-vie de marc de Bourgogne 
Eau-de-vie de marc originaire du Centre-Est 
Eau-de-vie de marc originaire de Franche-Comté 
Eau-de-vie de marc originaire de Bugey 
Eau-de-vie de marc originaire de Savoie 
Marc de Bourgogne 
Marc de Savoie 
Marc d'Auvergne 
Eau-de-vie de marc originaire des Coteaux de la Loire 
Eau-de-vie de marc des Côtes du Rhône 
Eau-de-vie de marc originaire de Provence 
Eau-de-vie de marc originaire du Languedoc 
Marc d'Alsace Gewurztraminer 
Marc de Lorraine 
Bagaceira do Minho 
Bagaceira do Douro 
Bagaceira da Beira Interior 
Bagaceira da Bairrada 
Bagaceira do Oeste 
Bagaceira do Ribatejo 
Bagaceiro do Alentejo 
Bagaceira do Algarve 
Orujo  gal lego 
Grappa 
Grappa di Barolo 

/3> 

16.  Grape marc spirit 

(cont'd) 

7. 

Fruit spirit 

Grappa piemontese ou del Piemonte 
Grappa lombarda ou di Lombardia 
Grappa trentina ou del Trentino 
Grappa friulana ou del Friuli 
Grappa veneta ou del Veneto 
Stidtiroler Grappa/Grappa dell'Alto Adige 
ToiKouôiâ  Kpnxnç /Tsikoudia de Crète 
Toinoupo  MaKeôoviaç /Tsipouro de Macédoine 
Toinoupo  eeooaÀiaç  /Tsipouro de Thessalie 
Toinoupo  Tupvd{3ou /Tsipouro de Tymavos 
Eau-de-vie de marc de marque nationale  luxembourgeoise 

Schwarzwâlder Kirschwasser 
Schwarzwàlder Himbeergeist 
Schwarzwâlder Mirabellenwasser 
Schwarzwàlder Wiliiamsbirne 
Schwarzwàlder Zwetschgenwasser 
Frânkisches Zwetschgenwasser 
Frànkisches Kirschwasser 
Frânkischer Obstler 
Mirabelle de Lorraine 
Kirsch d'Alsace 
Quetsch d'Alsace 
Framboise d'Alsace 
Mirabelle d'Alsace 
Kirsch de Fougerolles 
Siidtiroler Williams/Williams dell'Alto Adige 
Sudtiroler Aprikot ou Sudtiroler 
Marille/Aprikot dell'Alto Adige ou Marille dell'Alto Adige 
Sudtiroler Kirsch/Kirsch dell'Alto Adige 
Sudtiroler Zwetschgeler/Zwetschgeler  dell'Alto Adige 
Sudtiroler Obstler/Obstler dell'Alto Adige 
SUdtiroler Gravensteiner/Gravensteiner  dell'Alto Adige 
Sudtiroler Golden Delicious/Golden Delicious dell'Alto Adige 
Williams friulano ou del Friuli 
Sliwovitz del Veneto 
Sliwovitz del Friuli-Venezia Giulia 
Sliwovitz del Trentino-Alto Adige 
Distillato di mêle trentino ou del Trentino 
Williams trentino ou del Trentino 
Sliwovitz trentino ou del Trentino 
Aprikot trentino ou del Trentino 
Medronheira do Algarve 
Medronheira do Buçaco 
Kirsch ou Kirschwasser Friulano 
Kirsch ou Kirschwasser Trentino 
Kirsch ou Kirschwasser Veneto 
Aguardente de pèra da Lousa 
Eau-de-vie de pommes de marque nationale  luxembourgeoise 
Eau-de-vie de poires de marque nationale  luxembourgeoise 
Eau-de-vie de kirsch de marque nationale  luxembourgeoise 

Y 

Fruit spirit 
(cont'd) 

Eau-de-vie de quetsch de marque nationale  luxembourgeoise 
Eau-de-vie de mirabelle de marque nationale  luxembourgeoise 
Eau-de-vie de prunelles de marque nationale  luxembourgeoise 
Wachauer Marillenbrand 

8.  Cider spirit and perry spirit 

9.  Gentian spirit 

10.  Fruit spirit drinks 

11.  Juniper-flavoured  spirit drinks 

Calvados du Pays d'Auge 
Calvados 
Eau-de-vie de cidre de Bretagne 
Eau-de-vie de poiré de Bretagne 
Eau-de-vie de cidre de Normandie 
Eau-de-vie de poiré de Normandie 
Eau-de-vie de cidre du Maine 
Aguardiente de sidra de Asturias 
Eau-de-vie de poiré du Maine 

Bayerischer Gebirgsenzian 
Sudtiroler Enzian/Genzians dell'Alto Adige 
Genziana trentina ou del Trentino 

Pacharân 
Pacharân navarro 

Ostfriesischer  Korngenever 
Genièvre Flandre Artois 
Hasseltsejenever 
Balegemsejenever 
Péket de Wallonie 
Steinhâger 
Plymouth Gin 
Gin de Mahôn 

12.  Caraway-flavoured  spirit drinks 

Dansk Akvavit/Dansk Aquavit 
Svensk Aquavit/Svensk Akvavit/Swedish Aquavit 

13.  Aniseed-flavoured  spirit drinks 

14.  Liqueur 

Anis espanol 
Évoca anisada 
Cazalla 
Chinchôn 
Ojén 
Rute 
Ouzo/OûÇo 

Berliner Kummel 
Hamburger Kummel 
Munchener Kummel 
Chiemseer Klosterlikôr 
Bayerischer Kràuterlikôr 
Cassis de Dijon 
Cassis de Beaufort 
Irish Cream 
Palo de Mallorca 

/r 

14.  Liqueur 
(cont'd) 

15.  Spirit drinks 

GinUnha portuguesa 
Licor de Singevergs 
Benediktbeurer Klosterlikôr 
Ettaler Klosterlikôr 
Ratafia de Champagne 
Ratafia  catalana 
Anis portuguès 
Finnish berry/fruit  liqueur 
Grossglockner Alpenbitter 
Marizzeller Magenlikôr 
Mariazeller  Jagasaftl 
Puchheimer Bitter 
Puchheimer  Schlossgeist 
Steinfelder  Magenbitter 
Wachauer MarUllenlikôr 
Jâgertee, Jagertee, Jagatee 

Pommeau de Bretagne 
Pommeau du Maine 
Pommeau de Normandie 
Svensk Punsch/Swedish Punsch 

16.  Vodka 

Svensk Vodka/Swedish Vodka 
Suomalainen Vodka/Finsk Vodka/Vodka of Finland 

/s 

Agave spirit drink 

Agave spirit drink 

ANNEX II 

TEQUILA: Protected, made and 
classified in accordance with the laws 
and regulations of the United Mexican 
States 
MEZCAL: Protected, made and 
classified in accordance with the laws 
and regulations of the United Mexican 
States 

a 

Exchange of letters concerning the Agreement between the European Community and 
the United Mexican S'ates on the mutual recognition and protection of designations 
for spirit drinks 

Letter No 1 

Brussels, 

Sir, 

I have the honour to refer to the Agreement between the European Community and the United 
Mexican  States concerning the mutual recognition  and protection  of designations  for  spirit 
drinks. 

In this connection, I wish to confirm  the following: 

Notwithstanding the provisions of Article 4.2, the .United Mexican States and the Community 
have agreed that the protection of the designation of the alcoholic spirit Tequila' referred to 
in  Annex  II  to  the  Agreement  shall  not  prevent  the  use  in  the  Kingdom  of  Spain  of  the 
designation  "Tequila" during a transitional period of one year, as of the entry  into force  of 
the Agreement provided that local producers undertake not to increase current output. 

For  the  designated  spirit  drink  "Tequila"  produced  in  Spain,  the  provisions  set  down  in 
Article  19(1),  first  sentence,  of  the  Agreement  will  take  effect  from  the  expiry  of  the 
transitional period of one year. 

I should be obliged if you would confirm that the Government of the United Mexican States 
is in agreement with the contents of this letter. 

Please accept  Sir, the assurance of my highest consideration, 

For the Council of the European Union 

te 

Exchange  of  letters  concerning  the  Agreement  between  the  European  Community  and 
the  United  Mexican  States  on  the  mutual  recognition  and  protection  of  designations 
for  spirit  drinks 

Letter No  2 

Brussels, 

Sir, 

I  have  the  honour  to  acknowledge  receipt  of  your  letter  of  today's  date  which  reads  as 
follows: 

"I  have  the  honour  to  refer  to  the  Agreement  between  the  European  Community  and  the 
United Mexican  States concerning the mutual recognition and protection  of  designations  for 
spirit  drinks. 

In this  connection,  I wish to  confirm  the  following: 

Notwithstanding the provisions of Article 4.2, the United Mexican States and the  Community 
have agreed that the protection of the designation of the alcoholic spirit  "Tequila" referred  to 
in  Annex  II  to  the  Agreement  shall  not  prevent  the  use  in  the  Kingdom  of  Spain  of  the 
designation  "Tequila"  during  a transitional  period  of  one  year,  as  of  the  entry  into  force  of 
the  Agreement  provided  that  local  producers  undertake  not to  increase  current  output. 

For  the  designated  spirit  drink  "Tequila"  produced  in  Spain,  the  provisions  set  down  in 
Article  19(1),  first  sentence,  of  the  Agreement,  will  take  effect  from  the  expiry  of  the 
transitional  period  of  one  year. 

I should be obliged  if you would  confirm  that the Government  of the United  Mexican  States 
is  in  agreement  with  the  contents  of  this  letter." 

I  have  the honour  to  confirm  that  my  Government  is  in agreement  with the  contents  of  this 
letter. 

Please  accept,  Sir,  the  assurance  of  my  highest  consideration, 

For  the  Government  of  the  United  Mexican  States 

'? 

ISSN 0254-1475 

COM(97) 189  final 

DOCUMENTS 

EN 

03  02  08 

11 

Catalogue  number  :  CB-CO-97-182-EN-C 

ISBN  92-78-19355-0 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

o 6o